Florida Gov. Rick Scott took the unprecedented step of replacing a sitting State Attorney over a difference of opinion over the death penalty. (Scott McIntyre/The New York Times)

Not so fast. What looked like a quick decision for a governor who is a major — to say the least — proponent of the death penalty may not be as quick as he thought.

On Monday, more than 100 legal experts issued a letter expressing concern with Gov. Rick Scott’s removal of State Attorney Aramis Ayala from the Markeith Loyd case. Ayala, a first term state attorney for the 9th Judicial Circuit in Orange and Osceola counties, said she would not pursue the death penalty. Scott vehemently disagreed.

As if we need reminding, this is a governor who has done everything within his power to execute as many people on death row as he can during his two terms. That effort had already been interrupted by the state’s use of a questionable drug cocktail and a subsequent U.S. Supreme Court decision that derailed the state’s entire capital punishment system. The Legislature last week finally passed a law to address the concerns outlined by the nation’s high court; and it was quickly signed by Scott.

Then, Ayala made her pronouncement about not seeking the death penalty under any circumstances. This was particularly galling to death penalty advocates because Loyd not only allegedly killed his girlfriend, but also a police officer. Scott gave Ayala the boot in favor of a another State Attorney who promised to seek the death penalty.

By the way, the other 19 State Attorneys — including Palm Beach County State Attorney Dave Aronberg — took the political opportunity to re-affirm they have no qualms with seeking the death penalty when the crime merits it. In other words, they will use prosecutorial discretion.

But the 119 signatories on Monday’s letter include two former Florida Supreme Court chief justices, four retired state Supreme Court justices, more than two dozen current or former state and federal prosecutors, and approximately 90 law professors. The judges, lawyers and professors’ opinion is that Scott’s move infringes on the independence of prosecutors, exceeds his authority, undermines the right of Orange-Osceola voters, and sets a dangerous precedent.

“Your executive order that seeks to remove State Attorney Ayala from this position in the Loyd case – absent any showing that her decision is violative of the state or federal Constitution – compromises the prosecutorial independence upon which the criminal justice system depends,” the letter states. “Second, your removal of State Attorney Ayala compromises Floridians’ right to the services of their elected leaders. Floridians in the Ninth Judicial Circuit elected State Attorney Ayala because she represents their local values and concerns.”

The letter concludes, “This action sets a dangerous precedent. The governor picking and choosing how criminal cases are prosecuted, charged or handled in local matters is troubling as a matter of policy and practice. Indeed, there appears to be no precedent in Florida for this type of use of power.”

She told Orange-Osceola Chief Circuit Judge Frederick Lauten that what Scott did was indeed unprecedented, and “overstepped his bounds.” She said she may file a legal challenge and asked the judge to temporarily halt the two murder cases against Loyd while she figures out what to do.

This may not be so quick after all.

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